San Clemente Municipal Code Ch. 5.26 Video Franchise Fees, Customer Service, and Other Video-Related Matters

Footnotes:

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Editor's note— Ord. No. 1640, § 1, adopted April 18, 2017, reauthorized Ch. 5.26, in effect repealing and reenacting said chapter as set out herein. Former Ch. 5.26 pertained to similar subject matter and derived from Ord. No. 1503, § 1, adopted April 6, 2010.

Pursuant to state law effective January 1, 2007, the California Public Utilities Commission ("PUC") has the authority to grant state video franchises ("State Franchises"), The City of San Clemente (the "City") will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government ("P.E.G.") purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules.

To the extent reauthorization is required by law, this Chapter 5.26, including the P.E.G. fee specified in Section 5.26.020.B. in the amount of one percent of gross revenue, is automatically reauthorized as to each affected state video franchise holder upon the expiration of any state franchise. Any and all reauthorizations shall be effective for so long as such reauthorization is required by law.

(Ord. No. 1640, § 1, 4-18-2017)

A. .....Any state video franchise holder ("State Franchisee") operating within the boundaries of the City of San Clemente shall pay a fee to the City equal to five percent of the gross revenue of that state franchisee.

B. .....Any state franchisee operating within the boundaries of the City of San Clemente shall pay an additional fee to the City equal to one percent of the gross revenue of that state franchisee, which fee shall be used by the City for P.E.G. purposes consistent with state and federal law.

C. .....For purposes of this Chapter 5,26, the term "Gross Revenue" shall have the meaning ascribed to that term in California Public Utilities Code §5860.

(Ord. No. 1640, § 1, 4-18-2017)

Not more than once annually, the City may examine and perform an audit of the business records of a state franchisee to ensure compliance with Section 5.26.020.

(Ord. No. 1640, § 1, 4-18-2017)

A. .....The holder of a state franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

B. .....The City Manager or his/her designee shall monitor the compliance of state franchisee(s) with respect to state and federal customer service and protection standards. The City Manager or his/her designee shall provide the state franchisee(s) written notice of any material breaches of applicable customer service standards and shall allow the state franchisee(s) 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within this 30-day time period shall be subject to the following penalties by the City Manager or his/her designee.

1. For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation,

2. For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation,

3. A state franchisee may appeal a penalty assessed to the City Council within 60 days after the penalty is imposed. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council may vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.

(Ord. No. 1640, § 1, 4-18-2017)

A. .....Applicants for state franchises within the boundaries of the City of San Clemente must concurrently provide complete copies to the City of any application and any amendment to any application filed with the PUC. One complete copy must be provided to the City Clerk and one complete copy to the City Manager.

B. .....The City Manager shall be authorized on behalf of the City to provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state franchise.

(Ord. No. 1640, § 1, 4-18-2017)